Murder Homicide

Murder is the most serious charge a person can face. Nevada allows the death penalty in certain cases. If you are charged with murder, you should seek a violent crimes legal counsel as soon as possible because your freedom is at stake. You need every advantage in this situation.

Legal Definition of Murder

While the Nevada legal definition of murder may seem obvious, it actually has many parts that the state must prove. Murder is the unlawful killing of another person with “malice aforethought.” Malice aforethought means the deliberate intention to unlawfully take away another person’s life.

What is malice? How is it proven?

Malice is assumed when there is no provocation for the killing by the deceased, and the circumstances of the case show an “abandoned and malignant heart.” The Nevada courts have looked at many cases in which the defendant had an opportunity- even for a second- not to go through with the killing and did so anyway. This is enough to show that the killing was done with an abandoned and malignant heart.

Degrees of Murder in Nevada

The crime of homicide is separated into four types depending on the circumstances of the case and the mindset of the alleged killer:

First Degree Murder, which is unlawful, done with malice aforethought, deliberate, and thought out in advance (premeditated);

Felony-murder, which is the same as first degree murder but occurs when a person is committing another felony such as rape or kidnapping, even if the murder was not originally planned. Nevada felony-murder charges can also arise from ambush, torture, or poisoning;

Second Degree Murder, which is not premeditated, covers all killings not which are not murders in the first degree; and

Sentence for First Degree Murder in Nevada

Murder in the first degree is a Category A felony. It can punishable by death or by life in prison without parole if aggravating factors are present. Other sentences include 50 years with the possibility of parole after 20 years served, or life with the possibility of parole after 20 years.

Top Rated Criminal Lawyer

Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.

Nevada Homicide Defenses

Homicide charges have two main defenses: the insanity defense (a temporary mental episode where the defendant could not control him or herself) and self-defense. Self-defense must show a danger “so urgent and pressing” that the killing was absolutely necessary to prevent the killing of the defender or someone else.

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